Terms and Conditions
General Terms and Conditions of the Tourist Package Sales Contract
CONTENT OF THE TOURIST PACKAGE SALES CONTRACT
The following general conditions, the description of the tourist package contained in the catalog, or in the separate travel program, as well as the confirmation of the booking of the services requested by the traveler, constitute an integral part of the travel contract.
This is sent by the Tour Operator to the traveler or to the travel agency, acting as the traveler’s agent, and the latter will have the right to receive it from the same. By signing the proposal for the purchase of a tourist package, the traveler must keep in mind that it implies having read and accepted, on their behalf and on behalf of the individuals for whom they request the all-inclusive service, both the tourist package contract as governed therein and the warnings contained therein, as well as the present general conditions.
1. LEGISLATIVE SOURCES
The sale of tourist packages, involving services to be provided in both national and international territories, is governed by the Tourism Code, specifically from Articles 32 to 51-novies, as amended by Legislative Decree of May 21, 2018, No. 62, implementing and transposing EU Directive 2015/2302, as well as the provisions of the civil code regarding transport and mandate, where applicable.
2. ADMINISTRATIVE REGIME
The organizer and the seller of the tourist package, to whom the traveler turns, must be authorized to carry out their respective activities in accordance with the current legislation, including regional or municipal legislation, given their specific competence.
The organizer and the seller must disclose to third parties, before concluding the contract, the details of the insurance policy covering risks arising from professional civil liability, as well as the details of other optional or mandatory guarantee policies, protecting travelers for coverage of events that may affect the realization or execution of the vacation, such as trip cancellation, or coverage of medical expenses, early return, loss or damage of luggage, as well as the guarantee against the risks of insolvency or bankruptcy of the organizer and, in the case of mediated sales, the seller – given the receipt by the latter of the sums paid by travelers for the payment of the tourist package price – for the purpose of returning the sums paid or the return of the traveler to the place of departure where the tourist package includes transport services.
3. DEFINITIONS
For the purposes of the regulation on tourist packages, the following are defined as:
1) tourist service:
a) passenger transport;
b) accommodation, provided it does not intrinsically form part of passenger transport and is not intended for residential purposes, or related to long-term language courses;
c) the rental of cars, other motor vehicles pursuant to Article 3, point 11), of Directive 2007/46/EC of the European Parliament and Council, or motorcycles requiring an A-category driving license;
d) any other tourist service not intrinsically part of a tourist service under points a), b), or c).
2) package: the combination of at least two different types of tourist services as per point 1) for the same trip or vacation, under the conditions indicated in the following Article 4;
3) tourist package contract: the contract concerning all tourist services included in the package;
4) start of the package: the commencement of the execution of the tourist services included in the package;
5) professional: any natural or legal person, public or private, who, in the context of their commercial, industrial, craft, or professional activity in organized tourism contracts, acts, also through another person acting on their behalf or for their account, as an organizer, seller, professional facilitating linked travel services, or supplier of tourist services, in accordance with the regulations of the Tourism Code;
6) organizer: a professional who combines packages and sells or offers them for sale directly or through or together with another professional, or the professional who transmits the traveler’s data to another professional;
7) seller: the professional, other than the organizer, who sells or offers for sale packages combined by an organizer;
8) traveler: anyone intending to conclude a contract, or who concludes a contract or is authorized to travel based on a concluded contract, within the scope of the law on organized tourism contracts;
9) establishment: the establishment defined by Article 8, letter e), of Legislative Decree of March 26, 2010, No. 59;
10) durable medium: any tool that allows the traveler or professional to store information personally addressed to them in a way that allows access in the future for a period of time adequate to the purposes for which it is intended and that allows identical reproduction of the stored information;
11) unavoidable and extraordinary circumstances: a situation beyond the control of the party invoking such a situation and whose consequences could not have been avoided even if all reasonable measures had been taken;
12) lack of conformity: a failure to perform the tourist services included in a package;
13) point of sale: any retail outlet, mobile or immobile, set up for retail sale or a retail sales website or similar online sales tool, even in cases where retail sales websites or online sales tools are presented to travelers as a single tool, including telephone service;
14) return: the traveler’s return to the place of departure or another location agreed upon by the contracting parties.
4. DEFINITION OF TOURIST PACKAGE
1. The definition of a tourist package is as follows:
the combination of at least two different types of tourist services as per point 1) of Art. 3 above, for the same trip or vacation, if:
a) such services are combined by a single professional, even at the request of the traveler or in accordance with their selection, before a single contract is concluded for all services; or
b) regardless of whether separate contracts are concluded with individual tourist service providers, such services are:
i) purchased from a single point of sale and such services were selected before the traveler agreed to payment;
ii) offered, sold, or billed at an all-inclusive or global price;
iii) advertised or sold under the term “package” or a similar term;
iv) combined after the conclusion of a contract with which the professional allows the traveler to choose from a selection of different types of tourist services; or
v) purchased from distinct professionals through connected booking processes via telematics where the traveler’s name, payment details, and email address are transmitted by the professional with whom the first contract is concluded to one or more other professionals and the contract with the latter professional(s) is concluded no later than 24 hours after the confirmation of the first tourist service booking.
2. A combination of tourist services in which no more than one of the types of tourist services as per point 1) of Art. 3, letters a), b), or c), is combined with one or more of the tourist services as per point 1) of Article 3, letter d), is not a package if these latter services:
a) do not represent a share equal to or exceeding 25% of the value of the combination and are not advertised, nor do they otherwise represent an essential element of the combination; or
b) are selected and purchased only after the start of the execution of a tourist service as per point 1) of Art. 3, letters a), b), or c).
5. CONTENT OF THE TOURIST PACKAGE CONTRACT – PURCHASE PROPOSAL AND DOCUMENTS TO BE PROVIDED
1. At the time of the conclusion of the tourist package sales contract or, in any case, as soon as possible, the organizer or the seller provides the traveler with a copy or confirmation of the services under the contract on a durable medium (email) containing the confirmation of booking of services and/or a statement of account.
2. The traveler is entitled to a paper copy of the booking confirmation and/or statement of account if the tourist package sales contract was concluded in the simultaneous physical presence of the parties.
3. For contracts negotiated outside business premises, defined in Article 45, paragraph 1, letter h), of Legislative Decree of September 6, 2005, No. 206, a copy or confirmation of the tourist package sales contract is provided to the traveler on paper or, if the traveler agrees, on another durable medium.
4. The contract constitutes a title to access the guarantee fund referred to in the following Art. 21.
6. INFORMATION TO THE TRAVELER – TECHNICAL SHEET
1. Before concluding the tourist package contract or a corresponding offer, the organizer and the seller provide the traveler with the relevant standard information form referred to in Annex A, Part I or Part II, of the Tourism Code, as well as the following information:
a) the main characteristics of the tourist services, such as:
1) the destination or destinations of the trip, the itinerary, and the periods of stay with relative dates and, if accommodation is included, the number of nights included;
2) the means, characteristics, and categories of transport, the places, dates, and times of departure and return, the duration, and the location of intermediate stops and connections; if the exact schedule is not yet set or known, the organizer and, if applicable, the seller inform the traveler of the approximate departure and return times;
3) location, main characteristics, and, where provided, the tourist category of accommodation according to the regulations of the destination country;
4) meals provided included or not;
5) visits, excursions, or other services included in the total agreed package price;
6) tourist services provided to the traveler as a group member, and, in this case, the approximate size of the group;
7) the language in which the services are provided;
8) whether the trip or vacation is suitable for people with reduced mobility and, at the traveler’s request, precise information on the suitability of the trip or vacation considering the traveler’s needs.
Special requests regarding the provision and/or execution of certain services included in the tourist package, including the need for airport assistance for people with reduced mobility, special meal requests on board or at the place of stay, must be made at the time of booking and be the subject of a specific agreement between the traveler and the Organizer, if applicable also through the travel agency acting as the traveler’s agent;
b) the business name and geographical address of the organizer and, where present, the seller, their telephone contacts, and email addresses;
c) the total price including the tourist services that make up the package, insurance and/or financial services, taxes, and all fees, duties, and other additional costs, such as administrative and processing fees. Where some costs cannot be reasonably calculated before the conclusion of the contract, an indication of the type of additional costs the traveler may still have to incur.
d) the payment methods, including any amount or percentage of the price to be paid as a deposit and the schedule for the payment of the balance, or the financial guarantees that the traveler is required to pay or provide;
e) the minimum number of people required for the package and the deadline under Article 41, paragraph 5, letter a) of the Tourism Code, before the start of the package for the possible termination of the contract in case the number is not reached;
f) general information concerning passport and/or visa requirements, including approximate times for obtaining visas, and health formalities of the destination country;
g) information on the traveler’s right to withdraw from the contract at any time before the start of the package against the payment of appropriate withdrawal fees, or, if standard withdrawal fees are provided as required by the organizer under Article 41, paragraph 1 of Legislative Decree No. 79/2011 and specified in the subsequent Art. 10, paragraph 3;
h) information on optional or mandatory subscription to insurance covering the costs of unilateral withdrawal from the contract by the traveler or costs of damage or loss of baggage during transport and/or personal assistance, including repatriation, in case of injury, illness, or death;
i) the details of the coverage referred to in Article 47, paragraphs 1, 2, and 3 of Legislative Decree No. 79/2011.
2. Moreover, before the start of the trip, the organizer and the seller communicate to the traveler the information about the identity of the operating air carrier, if not known at the time of booking, as per the provision of Art. 11 of EC Reg. 2111/05 (Art. 11, paragraph 2 of EC Reg. 2111/05: “If the identity of the actual air carrier or carriers is not yet known at the time of booking, the air transport contractor ensures that the passenger is informed of the name of the carrier or carriers that will operate as actual air carriers for the flight or flights concerned. In this case, the air transport contractor ensures that the passenger is informed of the identity of the actual carrier or carriers as soon as their identity is ascertained and their possible operational ban within the European Union”).
3. The organizer provides a technical sheet in the catalog or off-catalog program – even if rendered on electronic media or telematically. It contains technical information regarding the legal obligations to which the Tour Operator is subject, such as, by way of example:
– details of the administrative authorization or S.C.I.A of the organizer;
technical organization FUSELLI E FILARI VIAGGI DI ALBERTI VERONICA with SCIA No. 2023000252_G005 of 17.04.2023 in the Municipality of Offida (AP)
– the details of the guarantees for travelers ex Article 47 of the Tourism Code; Guarantees for travelers: “Garanzia Viaggi S.r.l. socio unico” Via Nazionale 60 – 00184 Rome VAT No. and TIN 13932101002
– details of the civil liability insurance policy;
ZURICH Insurance Europe AG No. 513A9185
– parameters and criteria for adjusting the travel price (Art. 39 of the Tourism Code).
The prices published in this catalog are based on quotes in EURO.
7. PAYMENTS
1. Upon signing the proposal to purchase the tourist package, the following must be paid:
a) the registration fee or processing fee (see Art. 8);
b) deposit on the price of the tourist package published in the catalog or the package quote provided by the organizer as well as any amount relating to insurance guarantees. The balance must be paid without exception by the deadline set by the Tour Operator in the confirmation of booking of the requested service/tourist package and in any case no later than 30 days before the departure date.
2. For bookings made after the date indicated as the final deadline for making the balance payment, the full amount must be paid at the time of signing the purchase proposal.
3. The failure by the Organizer to receive the amounts indicated above, on the set dates, as well as the failure to remit to the Tour Operator the sums paid by the traveler to the seller, will result in the automatic termination of the contract to be communicated with simple written notice, by fax or by email, at the Selling Agency, or at the domicile, including electronic, if communicated, of the traveler, without prejudice to any warranty actions exercisable under Article 47 of Legislative Decree No. 79/2011 by the traveler against the seller. The payment is consequently considered made when the amounts have been received by the organizer. It is the traveler’s responsibility to verify that the seller, chosen as their agent for the purchase of the tourist package, has the legal requirements and specifically the guarantee against the risk of insolvency or bankruptcy.
8. PRICE OF THE TOURIST PACKAGE
The price of the tourist package is determined in the contract, with reference – where present – to what is indicated in the catalog, or off-catalog program and any updates to the same catalogs or off-catalog programs subsequently made, or on the Operator’s website.
It may be varied, upward or downward, only as a result of changes in:
• transportation costs, including fuel costs;
• rights and taxes related to air transport, landing, disembarkation, or boarding fees at ports and airports;
• exchange rates applied to the package in question.
For such changes, reference will be made to the exchange rates and prices in force up to – at most – 21 days before departure, compared to those indicated in the technical sheet of the catalog, or indicated in any updates to the technical sheet, published on the websites.
In any case, the price cannot be modified in the 20 days preceding departure, and the revision cannot exceed 8% of the price in its original amount.
In the event of a price decrease, the organizer has the right to deduct administrative and processing fees from the refund due to the traveler, which must be provided as proof at the traveler’s request.
The price is composed of:
a) registration fee or processing fee;
b) participation fee: expressed in the catalog or the package quote provided to the seller or the traveler in case of direct sale; c) cost of any insurance policies against cancellation risks and/or medical expenses or other services requested, if not included in the participation fee;
d) cost of any visas and entry and/or exit taxes from destination countries;
e) airport and/or port charges and taxes;
f) any administrative fees for review/change of the practice.
9. CHANGE OF THE TOURIST PACKAGE BEFORE DEPARTURE
1. The Tour Operator reserves the right to unilaterally change the terms of the contract, other than the price, if the change is of minor importance. The communication is made clearly and precisely through a durable medium, such as email.
2. If before departure the organizer needs to significantly change one or more of the main characteristics of the tourist services referred to in Art. 34 paragraph 1 letter a) of the Tourism Code or cannot meet the specific requests made by the traveler and already accepted by the organizer, or proposes to increase the package price by more than 8%, the traveler may accept the proposed change or withdraw from the contract without paying withdrawal fees.
3. If the traveler does not accept the proposed change referred to in paragraph 2, exercising the right to withdraw, the organizer may offer the traveler a substitute package of equivalent or superior quality.
4. The organizer informs via email, without undue delay, the traveler in a clear and precise manner of the proposed changes referred to in paragraph 2 and their impact on the package price according to paragraph 6.
5. The traveler communicates their choice to the organizer or intermediary within two working days from the time they received the notice indicated in paragraph 1. In the absence of communication within the aforementioned period, the proposal formulated by the organizer is deemed accepted.
6. If the changes to the tourist package sales contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveler is entitled to an appropriate price reduction.
7. In case of withdrawal from the tourist package sales contract pursuant to paragraph 2, and if the traveler does not accept a substitute package, the organizer refunds without undue delay and in any case within 14 days from the withdrawal from the contract all payments made by or on behalf of the traveler and is entitled to be indemnified for the non-execution of the contract, except in the cases indicated below:
a. No compensation is provided for the cancellation of the tourist package when the cancellation is due to the failure to reach the minimum number of participants, if required.
b. No compensation is provided for the cancellation of the tourist package when the organizer demonstrates that the lack of conformity is due to force majeure or unforeseeable circumstances;
c. No compensation is also provided for the cancellation of the tourist package when the organizer demonstrates that the lack of conformity is attributable to the traveler or a third party unrelated to the provision of tourist services included in the tourist package contract and is unforeseeable or unavoidable or is due to unavoidable and extraordinary circumstances.
8. For cancellations other than those referred to in paragraph 7 letters a), b), and c), the organizer who cancels, will refund the traveler a sum equal to double the amount paid and actually collected by the organizer, even if through the travel agent.
9. The sum subject to the refund will never exceed double the amounts that the traveler would be liable for on the same date according to the provisions of Art. 10, 3rd paragraph, if they were to cancel.
10. WITHDRAWAL
A) BY THE TRAVELER
1. Outside the cases provided for in the previous article, the traveler may withdraw from the contract without paying penalties in the following cases:
• increase in the price exceeding 8%;
• significant modification of one or more elements of the contract objectively considered fundamental for the use of the tourist package as a whole, proposed by the organizer after the conclusion of the contract but before departure and not accepted by the traveler;
• inability to meet specific requests made by the traveler and already accepted by the organizer.
In the above cases, the traveler may:
• accept the alternative proposal if formulated by the organizer;
• request the return of the amounts already paid. This refund must be made within the legal period indicated in the previous article.
2. In case of unavoidable and extraordinary circumstances occurring at the destination or in its immediate vicinity and having a substantial impact on the execution of the package or on passenger transport to the destination, the traveler has the right to withdraw from the contract, before the start of the package, without paying withdrawal fees, and to a full refund of the payments made for the package, but is not entitled to additional compensation.
3. The traveler who withdraws from the contract before departure for any reason, including unforeseen and subsequent reasons, outside the cases listed in the first paragraph, or those provided for in Art. 9, paragraph 2, will be charged – regardless of the payment of the deposit referred to in Art. 7 paragraph 1 – the individual cost of the registration fee and any consideration for insurance coverage already requested at the time of the conclusion of the contract or for other services already rendered, the consular visa, where required, the penalty in the amount indicated below (unless more restrictive conditions apply – related to high season periods or full occupancy of facilities – which will be communicated to the traveler at the time of the quote and therefore before the conclusion of the contract):
– 15% of the cost of the trip from the date of confirmation up to 45 days before the scheduled departure date;
– 35% of the total cost of the trip if cancellation is communicated between 44 and 30 days before the scheduled departure date;
– 50% of the total cost of the trip if cancellation is communicated between 29 and 14 days before departure;
– 75% of the total cost of the trip if cancellation is communicated between 13 days and 7 days before departure;
– 100% from the 6th day to the day of departure or in case of “no-show”;
4. In the case of pre-formed groups, the penalties for withdrawal will be subject to specific agreement each time the contract is signed.
5. The percentage penalty indicated above excludes trips that include the use of scheduled flights with special rates and/or with immediate ticket issuance. In these cases, the conditions relating to cancellation penalties are deregulated and much more restrictive as they take into account any non-refundable fares and are indicated in advance at the time of quoting the tourist package
– The issued airline ticket is subject to a 100% penalty. The validity of the trip cancellation and/or withdrawal communication is subject to the adoption of the written form received by FUSELLI E FILARI VIAGGI DI ALBERTI VERONICA before departure.
After departure or in the event of non-written notification, no refund will be due.
The traveler’s subjective circumstance that prevents them from using the vacation (for example: illness, revocation of leave, loss of job, etc.) does not entitle them to withdraw without penalties, provided by law only for objectively verifiable circumstances at the vacation destination referred to in paragraph 2 or for the cases referred to in paragraph 1. The economic consequences arising from the cancellation of the contract for circumstances falling within the personal sphere of the traveler, even if not attributable, can be avoided by taking out a specific insurance policy, where not required in mandatory form by the organizer.
B) BY THE ORGANIZER
6. The organizer may withdraw from the tourist package contract and offer the traveler a full refund of the payments made for the package but is not required to pay additional compensation if:
– the number of people registered for the package is lower than the minimum provided for in the contract and the organizer communicates the withdrawal from the contract to the traveler within the deadline set in the contract and in any case no later than twenty days before the start of the package for trips lasting more than six days, seven days before the start of the package for trips lasting between two and six days, forty-eight hours before the start of the package for trips lasting less than two days;
– the organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and communicates the withdrawal to the traveler without undue delay before the start of the package.
7. The organizer proceeds with all refunds prescribed under paragraphs 2 and 6 without undue delay and in any case within 14 days from the withdrawal. In the cases referred to in Art. 41, paragraphs 4 and 5, of the Tourism Code, the termination of functionally related contracts concluded with third parties occurs.
8. In the case of contracts negotiated outside the business premises, the traveler has the right to withdraw from the tourist package contract within a period of five days from the date of conclusion of the contract or the date on which they receive the contractual conditions and preliminary information if later, without penalties and without providing any reason. In cases of offers with significantly reduced rates compared to competing offers, the right of withdrawal is excluded. In this last case, the organizer documents the price change adequately highlighting the exclusion of the right of withdrawal.
9. In case of distance contracts as defined by Article 45 paragraph 1 letter g) of the Consumer Code, the right of withdrawal is excluded under Article 47 paragraph 1 letter g) of the Consumer Code.
11. LIABILITY OF THE ORGANIZER FOR IMPROPER PERFORMANCE AND SUPERSEDING IMPOSSIBILITY DURING EXECUTION – TRAVELER’S OBLIGATIONS – TIMELINESS OF COMPLAINT
1. The organizer is responsible for the performance of the tourist services provided for in the tourist package sales contract, regardless of whether such tourist services are to be provided by the organizer itself, its auxiliaries or agents when acting in the performance of their duties, third parties whose services it uses, or other suppliers of tourist services pursuant to Article 1228 of the Civil Code.
2. The traveler, in accordance with the obligations of fairness and good faith referred to in Articles 1175 and 1375 of the Civil Code, informs the organizer, directly or through the seller, promptly, during the course of the vacation, considering the circumstances of the case, of any defects in conformity identified during the execution of a tourist service provided for in the tourist package sales contract.
3. If one of the tourist services is not performed as agreed in the tourist package sales contract, the organizer remedies the defect of conformity unless this proves impossible or results in excessive cost, considering the extent of the defect of conformity and the value of the tourist services affected by the defect. If the organizer does not remedy the defect, the traveler is entitled to a price reduction as well as compensation for the damage suffered as a result of the defect of conformity unless the organizer proves that the defect of conformity is attributable to the traveler or a third party unrelated to the provision of tourist services or is inevitable or unforeseeable or due to extraordinary and unavoidable circumstances.
4. Without prejudice to the exceptions mentioned above, if the organizer does not remedy the defect of conformity within a reasonable period set by the traveler in the complaint made pursuant to paragraph 2, the traveler may remedy the defect personally and request reimbursement of the necessary, reasonable, and documented expenses; if the organizer refuses to remedy the defect of conformity or if it is necessary to remedy it immediately, it is not required for the traveler to specify a deadline.
5. If a defect of conformity constitutes a failure of no minor importance and the organizer has not remedied it with the timely complaint made by the traveler, in relation to the duration and characteristics of the package, the traveler may terminate the contract with immediate effect, or request – if applicable – a price reduction, subject to any compensation for damage.
6. If due to supervening circumstances not attributable to the organizer it is impossible to provide, during execution, a substantial part, in value or quality, of the combination of tourist services agreed upon in the tourist package contract, the organizer offers, at no additional cost to the traveler, adequate alternative solutions of quality, where possible equivalent or superior, compared to those specified in the contract, so that the execution of the package can continue, including the possibility that the return of the traveler to the place of departure is not provided as agreed. If the alternative solutions proposed result in a package of lower quality than that specified in the tourist package contract, the organizer grants the traveler an appropriate price reduction. In the event of failure to offer within the terms indicated, paragraph 5 applies.
7. The traveler may reject the alternative solutions proposed only if they are not comparable to what was agreed in the contract or if the price reduction granted is inadequate. If no alternative solution is possible, or the solution provided by the organizer is rejected by the traveler because it is not comparable to what was agreed in the contract or because the granted price reduction is inadequate, the organizer will provide, at no additional cost, a means of transport equivalent to the original one provided for the return to the place of departure or the different place eventually agreed, compatible with the availability of means and places, and will reimburse the traveler to the extent of the difference between the cost of the planned services and the cost of the services performed up to the time of the early return.
12. SUBSTITUTIONS AND PRACTICE VARIATION
1. The traveler, upon notice given to the organizer on a durable medium no later than seven days before the start of the package, may transfer the tourist package sales contract to a person who meets all the conditions for the enjoyment of the service.
2. The transferor and the transferee of the tourist package sales contract are jointly responsible for the payment of the balance of the price and any fees, taxes, and other additional costs, including any administrative and processing fees, resulting from such transfer.
3. The organizer informs the transferor of the actual costs of the transfer, which do not exceed the expenses actually incurred by the organizer as a result of the transfer of the tourist package sales contract and provides the transferor with proof relating to the fees, taxes, or other additional costs resulting from the transfer of the contract. In the case of a travel contract with air transport for which a discounted and/or non-refundable ticket has been issued, the transfer may require the issuance of a new airline ticket at the rate available on the date of the transfer itself.
13. TRAVELER’S OBLIGATIONS
Without prejudice to the obligation for prompt communication of any lack of conformity, as provided for in Art. 11, paragraph 2, travelers must comply with the following obligations:
1. For rules relating to the expulsion of minors, reference is expressly made to what is indicated on the State Police website. It is specified that minors must have a valid personal document for foreign travel, such as a passport or, for EU countries, also an identity card valid for expulsion. Regarding the exit from the country of minors under the age of 14 and for those for whom authorization issued by the Judicial Authority is required, the prescriptions indicated on the State Police website http://www.poliziadistato.it/articolo/191/ must be followed.
2. Foreign citizens must obtain the corresponding information through their diplomatic representations in Italy and/or their respective official government information channels. In any case, all travelers, both Italian and foreign, will ensure, before departure, that they are up-to-date with the competent authorities (for Italian citizens, local Police Headquarters or the Ministry of Foreign Affairs through the site www.viaggiaresicuri.it or the Telephone Operations Center at the number 06.491115) and comply with it before the trip. In the absence of such verification, no liability for the failure to depart of one or more travelers can be attributed to the intermediary or the organizer.
3. Travelers must, in any case, inform the intermediary and the organizer of their nationality when requesting a booking for the tourist package or tourist service and, at the time of departure, must definitively ensure that they have the vaccination certificates required by the laws and regulations in force, the individual passport, and any other valid document for all the countries touched by the itinerary, as well as visas for stays, transits, and health certificates that may be required.
4. Furthermore, in order to assess the safety situation socio-politically, health-wise, climatically, environmentally, and any other useful information relating to the destination countries and, therefore, the objective usability of the services purchased or to be purchased, the traveler will be responsible for obtaining official general information from the Ministry of Foreign Affairs, and disseminated through the official Farnesina website www.viaggiaresicuri.it. The information above is not contained in the catalogs of T.O. – online or paper – as they contain general descriptive information as indicated in Art. 34 of the Tourism Code and not temporarily changing information. The same must therefore be assumed by the travelers. Travelers are also invited to register on the site http://www.dovesiamonelmondo.it.
The “dovesiamonelmondo.it” portal allows travelers to report their itinerary and their references. In the event of an emergency, the Crisis Unit can activate the contacts registered on the portal, making coordination with those in the affected areas faster, more targeted, and more effective, and appropriately planning any interventions.
5. If, at the date of booking, the chosen destination appears, from institutional information channels, to be a location subject to “warning” for socio-political or environmental safety reasons, or health reasons, the traveler who subsequently wishes to exercise the right of withdrawal cannot invoke, for the purposes of exemption or reduction of the request for compensation for the withdrawal made, the loss of the contractual cause related to the safety conditions of the country since they were already known at the time of booking.
6. Travelers must also comply with the rules of common prudence and diligence and the specific ones in force in the destination countries of the trip, all information provided to them by the organizer, as well as the regulations, administrative or legislative provisions relating to the tourist package, as well as the rules of diligence and good conduct within accommodation facilities. Failure to comply with them, at the sole discretion of the Hotel Management, may result in the removal of the offender from the facility and, if deemed appropriate, any report to the competent Public Authorities. Similarly, situations related to pathologies that may pose a risk to the health of other guests, or alterations of the psychic state – if not previously reported and accepted in writing by the Tour Operator – constitute circumstances suitable for the possible removal from the facility.
7. Travelers will be held liable for all damages that the organizer and/or the intermediary may suffer due to failure to comply with the above obligations, including the necessary expenses for their repatriation. 8. The traveler is required to provide the organizer with all documents, information, and elements in their possession useful for exercising the right of subrogation of the latter against the third parties responsible for the damage and is liable to the organizer for any damage to the right of subrogation.
9. The traveler is required to inform in writing before the conclusion of the contract the organizer and/or the seller – to allow verification of the possibility of implementation – of any specific needs or conditions (pregnancy, food intolerances, disabilities, reduced mobility, etc.) simultaneously signing the form for consent to the processing of particular data provided by the organizer. Personal requests must be the subject of specific agreements between the traveler and the organizer resulting from a written agreement (see Art. 6, paragraph 1 letter h), if applicable also through the agency acting as the traveler’s agent. In the absence of such a request and the related consent, it will not be possible to fulfill contractual obligations. Particular requests made after the conclusion of the contract do not bind the organizer to their implementation, as the contract is already perfected as indicated in the extract/account confirmation of booking of services.
10. The traveler must indicate at the time of the request for the conclusion of the tourist package contract their personal contacts (email and/or mobile number), taking care to verify the correctness of the data even if transmitted to the organizer through the seller, where the sale is intermediated, in order to allow the organizer to fulfill the assistance obligations referred to in the following Art. 18, as well as to make communications relating to changes that may occur during the execution of the vacation or to follow up on the travelers’ requests on any defects of conformity found. In the absence or incorrect indication of such contacts, the organizer cannot be held responsible for delayed or non-intervention. The personal data communicated will be deleted upon return from the trip.
14. HOTEL CLASSIFICATION
The official classification of hotel facilities is provided in the catalog or other informational material only based on the explicit and formal indications of the competent authorities of the country where the service is provided. In the absence of official classifications recognized by the competent Public Authorities of the EU countries to which the service refers, or in the case of facilities marketed as “Tourist Village,” the organizer reserves the right to provide a description of the accommodation facility in the catalog or brochure, allowing an assessment and consequent acceptance of the same by the traveler.
15. LIABILITY REGIME
The organizer is liable for damages caused to the traveler due to the total or partial failure to perform the contractual services owed, whether these are carried out by him personally or by third-party service providers unless it proves that the event was caused by the traveler (including initiatives independently taken by the latter during the execution of tourist services) or by an unforeseeable or unavoidable third party, circumstances unrelated to the provision of the services provided for in the contract, force majeure, or circumstances that the organizer could not, with professional diligence, reasonably foresee or resolve.
The seller where the tourist package reservation was made is not responsible for the obligations relating to the organization and execution of the trip but is solely responsible for the obligations arising from its quality as an intermediary and for the execution of the mandate conferred by the traveler, as specifically provided for by Art. 50 of the Tourism Code, including the warranty obligations referred to in Art. 47.
16. LIMITS OF COMPENSATION AND PRESCRIPTION
1. Compensation under Articles 43 and 46 of the Tourism Code and related prescription terms are governed by what is provided therein, as well as by Articles 1783 and 1784 of the Civil Code and in any case within the limits established by the International Conventions governing the services that form the subject of the tourist package, without prejudice to the fact that compensation or price reduction granted under the cited articles and compensation or price reduction granted under the regulations and international conventions are deductible from each other. Personal damages are not subject to a set limit. 2. The right to a price reduction or compensation for damages for changes to the tourist package sales contract or the substitute package is prescribed within two years from the date of the traveler’s return to the place of departure.
3. The right to compensation for personal injury and damages for a ruined vacation is prescribed within three years from the date of the traveler’s return to the place of departure or the longer period provided for the compensation of personal injury by the provisions governing the services included in the package.
17. POSSIBILITY OF CONTACTING THE ORGANIZER THROUGH THE SELLER
1. The traveler may address messages, requests, or complaints relating to the execution of the package directly to the seller through whom they purchased it, who, in turn, promptly forwards them to the organizer.
2. For the purpose of complying with prescription terms or periods, the date on which the seller receives messages, requests, or complaints referred to in the previous paragraph is considered the date of receipt also for the organizer.
18. OBLIGATION OF ASSISTANCE
The organizer provides adequate assistance without delay to the traveler in difficulty, even in the circumstances referred to in Article 42, paragraph 7, in particular by providing appropriate information regarding health services, local authorities, and consular assistance and assisting the traveler in making remote communications and helping them find alternative tourist services.
The organizer may require the payment of a reasonable cost for such assistance if the problem is intentionally caused by the traveler or through their fault, within the limits of the expenses actually incurred.
19. INSURANCE AGAINST CANCELLATION AND REPATRIATION EXPENSES
If not expressly included in the price, it is possible and advisable to take out special insurance policies at the time of booking with the organizer’s or seller’s offices against expenses arising from package cancellation, injuries and/or illnesses that also cover repatriation expenses and for loss and/or damage of luggage.
The rights arising from insurance contracts must be exercised by the traveler directly with the Insurance Companies, under the conditions and procedures provided for in the policies themselves, as stated in the policy conditions published in the catalogs or displayed in the brochures available to travelers at the time of departure.
20. ALTERNATIVE DISPUTE RESOLUTION MECHANISMS
Pursuant to and for the purposes of Art. 67 of the Tourism Code, the organizer may propose to the traveler – on the catalog, documentation, their website, or other forms – alternative dispute resolution methods for disputes that have arisen. In this case, the organizer will indicate the type of alternative resolution proposed and the effects that such adherence entails.
21. GUARANTEES FOR THE TRAVELER – GUARANTEE FUND FOR THE PROTECTION OF TRAVELERS (Art. 47 of the Tourism Code)
Contracts for the sale of tourist packages are assisted by appropriate guarantees provided by the Organizer and the intermediary travel agent in the sale that, for trips abroad and trips within a single country, guarantee, in cases of insolvency or bankruptcy of the seller or the organizer, the refund of the price paid for the purchase of the tourist package and the immediate return of the traveler under Article 47 of the Tourism Code.
The guarantee under Art. 47 of the Tourism Code applies exclusively to the tourist package sales contract as defined by Art. 33 of the Tourism Code. Products sold by the Organizer and/or Travel Agent that do not fall within the definition of a tourist package contained in Art. 33 of the Tourism Code are not covered by the guarantee against the risk of insolvency or bankruptcy [such as, by way of example: individually sold and non-linked tourist services, timeshare contracts, long-term language courses, high school programs, cultural exchanges falling under international student mobility programs, connected tourist packages and services purchased under a general agreement for the organization of professional travel concluded between a professional and another natural or legal person acting within their commercial, business, craft, or professional activity, combination of no more than one of the tourist services referred to in point 1) of Art. 3, letters a), b), or c), with one or more of the tourist services referred to in point 1) of Article 3, letter d), where these latter do not represent a share equal to or exceeding 25% of the value of the combination and are not advertised, nor do they otherwise represent an essential element of the combination, or are selected and purchased only after the start of the execution of a tourist service referred to in point 1) of Art. 3, letters a), b), or c)].
The identifying details of the legal entity that, on behalf of the organizer, is required to provide the guarantee are indicated in the catalog and/or website of the organizer itself and may also be indicated in the confirmation of booking of the services requested by the traveler.
The methods for accessing the guarantee and the terms for submitting the request for a refund of the sums paid are indicated on the “Fondo Garanzia Viaggi” website, at the address https://www.garanziaviaggi.it/, as the legal entity to which Fuselli e Filari Viaggi di Alberti Veronica adheres.
To avoid forfeiture, it is advisable to bear in mind the deadlines indicated for submitting requests. It is understood that the expiry of the deadline due to the inability to submit the request and not due to the traveler’s inaction allows for remission within the same deadlines. The web address of the Travel Guarantee Fund for the Protection of Travelers is also indicated on the websites, catalogs, and documents relating to the package purchase contract.
22. OPERATIONAL CHANGES
1. Considering the advance with which the programming of travel offers published in the catalogs or websites of Tour Operators is carried out, it is noted that tourist services, as well as flight schedules and routes indicated in the acceptance of the service purchase proposal, may be subject to changes.
2. It is also specified that the type of aircraft, booking class, as well as unscheduled stopovers and changes to airports on departure and/or return, may vary; departures scheduled from another Italian airport may be grouped at a single airport with transfer by bus from one air station to another, and charter flights may be replaced with scheduled flights (including possible technical stopovers). In light of the above, the traveler must request confirmation of services from their agency before departure. It is also communicated that pregnant women are generally allowed air travel up to the 28th week with a certificate stating the pregnancy’s progress; from the 29th to the 34th week, only if accompanied by a medical certificate (issued within 72 hours before the scheduled flight departure) certifying the fitness to undertake air travel, beyond the 34th week, they may not be accepted on board. Before booking a flight, it is advisable to consult your doctor and check that the return date does not exceed the 34th week, as previously specified. The organizer will inform passengers about the identity of the actual carrier(s) in the times and manner provided for by Art. 11 of EC Reg. 2111/2005 (referred to in Art. 6 paragraph 2).
ADDENDUM TO GENERAL TERMS AND CONDITIONS OF SALE OF INDIVIDUAL TOURIST SERVICES
A) LEGISLATIVE PROVISIONS
Contracts involving the offer of only the transport service, the only accommodation service, or any other separate tourist service, not being able to be configured as a contractual form of travel organization or tourist package, do not enjoy the protections provided in favor of travelers by European Directive 2015/2302, and – where not otherwise indicated in the contract with the tour operator – the contractual conditions of the single service provider will apply, as indicated on the same provider’s website.
The seller who undertakes to provide a third party, also via telematics, with a single tourist service, is required to issue the traveler with the documents relating to this service, which indicate the amount paid for the service and cannot in any way be considered a travel organizer.
B) REDUCED PRIVACY NOTICE
Travelers are informed that their personal data, the provision of which is necessary to allow the conclusion and execution of the travel contract, will be processed manually and/or electronically in compliance with the current legislation. Refusal will make it impossible to finalize and consequently execute the contract. The exercise of the rights provided for by the current legislation – for example: the right to request access to personal data, their rectification or deletion, or the limitation of processing that concerns them or to oppose their processing, in addition to the right to data portability; the right to lodge a complaint with a supervisory authority – can be exercised against the data controller.
For more comprehensive information on the processing of data by the organizer, please refer to the specific section of the website https://www.fefviaggi.com/privacy-policy/, containing the Privacy Policy.
MANDATORY COMMUNICATION PURSUANT TO ARTICLE 17 OF LAW NO. 38/2006
Italian law punishes offenses concerning child prostitution and pornography, even if committed abroad, with imprisonment.